Kee

Etta Kee died when the car in which she was a passenger collided with a car driven by a federal employee acting within the scope of her employment. The United States now claims that Kee’s representative and the other people in the car are foreclosed from suing the United States because they signed a release with the employee. We reject the United States’ argument and reverse the district court.

I.BACKGROUND

Louise Nargo, Eleanor Towne, David Nar-go, and Etta Kee were driving on Navajo Route 4 in Cottonwood Arizona on February 4, 1994. Bessie Tullie, a United States employee acting within the scope of her employment, was driving her personal automobile in the opposite direction and lost control of her car, crashing into the oncoming car. As a result of the accident, Etta Kee died at the scene of the crash, and Towne, Louise Nar-go, and David Nargo suffered injuries.

On November 8, 1994, with the advice of counsel, Towne, Louise Nargo, David Nargo, and Joe Lee Kee, Etta Kee’s representative (collectively, plaintiffs) signed a standard release prepared by Tullie’s personal insurer, Farmers Insurance Company. The document was entitled “Release in Full of All Claims and Rights.”…